Community Penalties in the United States

The author discusses some background matters concerning the US criminal justice systems that may provide useful context for non-US readers, and summarises the main general conclusions about the operation of community penalties from two decades' research. He also briefly summarises research concerning each of the major penalties that have been attempted. Why American jurisdictions have been comparatively unsuccessful at use of community penalties as alternatives to incarceration and whether that lack of receptivity can be changed is discussed in the conclusion.     

Compared to what? Instructing the jury on product defect under the Products Liability Act and the Restatement (Third) of Torts: Products Liability

This Article is based on a presentation given at Seton Hall University School of Law's Seventh Annual Health Law Symposium on February 12, 1999.     

Manufacturers' liability for drugs and medical devices under the Restatement (Third) of Torts: Products Liability

This Article is based on a presentation given at Seton Hall University School of Law's Seventh Annual Health Law Symposium on February 12, 1999.     

Addiction and Responsibility: An Introduction

Law and Philosophy -     

Interdisciplinary problem-solving: Next steps in the Greater Yellowstone Ecosystem

The Greater Yellowstone Ecosystem, a 7.6-million-hectare region in the Central Rocky Mountains of the United States, is used to illustrate both the challenges and means to improve problem solving in the natural resources arena. The challenges in this world-famous region are contextual (rapid change, growth, pluralism, complexity, state/federal conflicts, and lack of a common perspective), institutional (multiple organizations with overlapping authority and control and disparate mandates, uneven leadership, lack of creativity in problem solving, and resistance to change), and human (diverse perspectives and values and epistemological limitations). To overcome these challenges, an interdisciplinary method that integrates knowledge to improve policy making is briefly described. It provides a framework with a comprehensive set of categories to use in investigating and analyzing problems and inventing alternatives for substantive, process, and structural improvements. Five programs or interventions, all of which are based on this method, are suggested to address the challenges facing Greater Yellowstone: (1) workshops for capacity building, (2) leadership, staff development, and student internships, (3) case analyses and appraisals for policy learning, (4) problem-solving exercises and decision seminars, and (5) prototyping exercises to improve interdisciplinary and interagency coordination. These are described, examples given, and benefits outlined.     

Market failure,government failure,and the private supply of public goods: The case of climate-controlled walkway networks

Two opposing models of public-goods undersupply are those of “market failure” and “government failure”. Empirical work on the relative explanatory power of these two frameworks has been limited by the scarcity of acceptable data. The case of climate-controlled walkways in major urban cores is a rare instance where such difficulties can be overcome. We investigate the supply of CCWs in 55 large city-cores in North America. We find that (1) CCW networks are well-supplied by market forces, when (2) such forces are not frustrated by government policy. We also find evidence that (3) rules-based regimes dominate discretion-based regimes. These results are consistent with the position that the “government-failure” paradigm is a viable alternative to the traditional “market failure” paradigm.     

The Needs and Financial Problems of Small and Rural Localities: The Case of West Virginia

The areas of Public Finance and Financial Management present potential problems for small and rural local governments. Responses from a survey of West Virginia local public officials were used to examine the severity of these two issues. Both issues were thought to be of equal importance Instead, the findings showed that Public Finance issues rated very high while Financial Management issues rated very low. Potential influences, such as type of locality, professionalism, and metropolitan area status, fail to explain the differences. Thus, it is concluded that for small and rural localities, Public Finance issues are more important than Financial Management issues